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Generally speaking, for a married couple who have children, we would recommend they create mirror Wills with a testamentary trust, as well as ensuring that any property is owned as Tenants in Common with relevant Trust or Trusts in place.

Texas law recognizes a handwritten will as legally valid. Handwritten wills are known as “holographic wills.” However, holographic wills increase the odds of a will contest or probate litigation, especially if the handwritten will leaves all or most assets to a single beneficiary at the expense of others.

How to make a will in Texas Decide how you're going to write your will. ... Choose beneficiaries for all your assets. ... Choose guardians for your minor children or pets, if you have them. Choose your will executor. ... Sign and witness your will according to Texas law (that's two witnesses who are at least 14 years old).

In Texas, a will must first be proved in court within four years after the death of the testator; if this does not happen, the will does not enter probate and the testator's property is distributed through Texas's laws of intestacy, discussed further below.

Here are the requirements for a valid will in Texas: Your will must be “in writing,” meaning it exists in a physical form. ... You must be at least 18 years old. ... You must be of sound mind and memory. ... You must make your will freely and voluntarily.

The testator's marriage does not revoke a prior made will. KRS 394.090. When the testator dies before providing for his new spouse, the law assumes that he would prefer to die with a will that does not completely reflect his wishes than with no will at all.

Texas law recognizes a handwritten will as legally valid. Handwritten wills are known as “holographic wills.” However, holographic wills increase the odds of a will contest or probate litigation, especially if the handwritten will leaves all or most assets to a single beneficiary at the expense of others.

In order to make a valid handwritten will in Texas, the entire document must be in your own handwriting. No one can write any part of it except for you, and no part of it can be typed. You can write in cursive or print, but the entire will must be in your handwriting only.

In Texas, a will must first be proved in court within four years after the death of the testator; if this does not happen, the will does not enter probate and the testator's property is distributed through Texas's laws of intestacy, discussed further below.

Every state has statutory requirements dictating what makes a Will valid. Texas is no different. For a Will to be valid in Texas, the person making the Will (the testator) must have legal capacity, testamentary capacity, and testamentary intent. Additionally, the testator must follow specific formalities.